Treaty Series Recueil des Traites - United Nations Treaty Collection

152 United Nations - Treaty Series 1969
2. Where, in accordance with article 11, paragraph (1), benefits or
payments received from one Contracting State result in the suspension
of benefits under the legislation of both Contracting States, the
benefits or payments shall be taken into account for the purposes
of suspension proportionately to the ratio which the insurance
periods to be taken into account for the purpose of calculating benefits
under Austrian legislation bear to the aggregate of the insurance
periods to be taken into account under the legislation of both Contracting
States.
(cc) With regard to the insurance contingencies referred to in (bb) above
article 28, paragraph 11, shall apply retroactively in respect of the
period beginning I January 1956 and article 31 shall apply retroactively
in respect of the period beginning 1 January 1953. Where annuities
assessed under the legislation in force prior to 1 January 1956 are to
be recalculated in conformity with part four of the Austrian General
Social Insurance Act, the provisions of article 26, paragraph (4), article
27, paragraphs (1) to (7), and article 28, paragraph 6, shall apply retroactively
in respect of the period beginning 1 January 1961.
(dd) As regards entitlement to benefits based on a occupational disease
arising during the period before the entry into force of the Convention,
article 16 of the First Convention referred to in article 53 of the Convention
shall continue to apply in the event of aggravation of the disease.
19. Ad article 53 of the Convention :
(a) The time-limit referred to in article 39, paragraph (2), of the First Convention
referred to in article 53 of the Convention shall be deemed to
have expired on 31 December 1956 in respect of Land Berlin and on
31 December 1958 in respect of the Saar.
(b) 1. (a) In apportioning the insurance liability pursuant to articles 23
and 24 of the First Convention referred to in article 53 of the
Convention, the status quo shall also be maintained in respect of
the period from the date of the entry into force of the Convention.
This provision shall not apply where the arrangement resulting
from the application of the domestic legislation of one of the
Contracting States in respect of the industrial accidents (or occupational
diseases) or insurance periods to be taken into account
if the provisions of the Convention are taken into consideration
is more favourable to the beneficiary and does not give rise to
a reduction in the insurance liability of the other insurance
authority as apportioned pursuant to article 23 or article 24
of the First Convention referred to in article 53 of the Convention.
No. 10090